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tv   [untitled]    June 15, 2014 3:30am-4:01am PDT

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motion. >> i would move we put it on the to the call of the chair calendar to allow the litigation to be resolved. >> yes. mr. pacheco. >> we have a motion then from the vice president to continue this to the call of the chair this is the boards indefinitely calendar the public hearing has been held to allow the litigation between the parties to proceed on that motion and commissioner fung. commissioner hwang. president is absent commissioner honda >> thank you the vote it 4 to a 5 this matter s is to the
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minute break. >> welcome to the san francisco board of appeals we are calling item 10 for the next appeal. laura benefit district and the triangle neighborhood association vs. the zoning administrator the subject property owner and the health care foundation it's on castro street for the suspension requests adams to the director tom huey asking the punctuation of the application be listed for the reason the project sponsor has talked about the pharmacy is changed to a novrn discretionary review and the change of the use of the ground floor commercial
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space to a medical office and pharmacy thank you all for your patients we'll start with the appellants that have that minutes. thank you for being patient with all this i'm allen draw i'm did executive directors for the castro upper market community benefit district i'll joining with laura thomas with the triangle association with the apartments and dpw's and i will be speaking first. i also understand that supervisor wiener has recently sent a letter in support of the appellants. the castro open market benefit strict is a special ascertainment strict and extends from market street to omaha to castro down to 19 that includes
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the castro that includes parts of church and greener restraining order it's subject to both the california brown act and the california acts we take transparency they serial we said the portions of allowing time for the public to be heard the neighborhood association also take public comment very serial. i personally know that d t and s or a spend hours to thoroughly understand land issues to make sure their smart and well-thought-out we're all committed to prop g passed in 2007 allowing public comment and, in fact, district 8 heavily support that.
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we hear today to appeal the zoning administrators request are for the dpa regarding the property located on castro street. we respect the zoning administrator deliberations and his analysis of the formula retail ordinance and understand that the boyle's has the ability to allow the residents of san francisco to appeal decisions and the board deciphers the issues and they have determined it's to the formula retail because they've changed the ownership name, however, matthew the author of to legislation talking about the law it will be necessary in some cases to understand corporate structure this case and the accelerator to
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h that exemplifies that board to adapt it. subject to the conditional use the aids health care foundation changed the name i understand includes all their services. the planning determined they were no longer formula retail they are the same company. a aid chain with the 23 locations 31 they will say they've changed the name of the pharmacy o are aids castro patience they're saying they're moving their pharmacy one block called the aids health care pharmacy we need to be endear or
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calory is it castro pharmacy or the other name. is the aids health care to purchase other products they've got be tremors buying power. a strict interpretation of the law allows mcdonald's to open up in a castro district and call it hamburger joint. can 10 large national changes avoid the public process we're simply asking forgive a chance for this board respectively resend this zoning restriction. during that castro pharmacy is still subject to the formula retail restriction this allows the residents of san francisco to have a voice we're not asking
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the board of appeals to decide yes or no by as at any point by the author to not consider the dlooigs delusion of the formula retail so it has no legs o and e roads the san franciscans to have a voice we ask you to consider castro including the clinic as wholly owned by the aids foundation and subject to the formula retail >> good evening a board member of the triangle board association they've been heavy involved in the land use toward is the octavia plan 9 years ago and we've worked with formula retail controls with the upper market to castro street you've
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might have heard pin a concentration process i'm a city member of the octavia citizen's advisory committee and andrea mentioned that district 8 had a 27 percent turnout and passed this proposition. this neighborhood wants to have a voice it's endemic from our community you're going to hear from both sides and i want to talk about the fact we do want to be heard. the triangle association actually supported v c s and supported other foundations for the lgbt and supported other centers because they've created is that a we're not anti formula retail we're a pro community
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voice and ask you, please also resend the interpretation of the zoning administrator we feel his hands were tied and hopefully supervisor mar's proposal will button this open and daerg with castro coffee and starbucks thank you. >> okay. we can hear if the project sponsor and permit he holder now. >> good evening. i'm laura i'm
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one of the lawyers at the aids health care foundation i'll be speaking to 3 minutes and i'm going to turn it over to our aids san francisco oakland clinics and board of directors. first, i wanted to explain that none of you ending up the aids epidemic it's not a competition there's a a lot of unmet needs in san francisco. h f is a nonprofit a community provider we've provided treatment and prevention consulting to retains the san francisco and castro it's important to understand we've been in san francisco for over a decade and been in the castro with revenues with our pharmacies we want to move our pharmacies to a new location
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around the block and over the same services to the population we've been serving successful. h f is working cooperatively with the board it isn't clear about the square footage and operations and it's proposed use. at the last hearing green before the board h f went back to use on the formula retail and we're fully turn around time it was decided this could be a win-win situation if h f changed it's names that's two concerns around siemgz and the service mark. i guess that is what governors or governs here we're talking about an ordinance that has 7 criteria the planning department went through the 7 crazy the
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photos we are shown at the last hearing at the it was determined with the name change there wasn't a formula retail use and the planning department is the agency that get to make and enforce that law. the determination of the zoning administrator makes the difference i will add that the zoning administrators his determination was consistent with the may 22nd published policy that the planning department issued saying the ownership can't be used for formula retail. that makes sense in our case we're not talking about starbucks a speciality pharmacy that is trying to continue it's services in the community it serves. to the not about giving h f a competitive example a incline
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losses money we're not out to compete but subsidize those services i like the formula retail we're not taking out money 0 out of the community. as i said the inclines operated a loss so keep them going so those services can happen. so in summary i guess the only question is whether the administrator abused it's discretion on those facts given those factors and circumstances he didn't. >> hello commissioner. as laura said i'm dr. laura for the past 12 years i've served as medical director for hiv inclines i was at the highland
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over the past 12 years i've cared for many, many, many people with hiv and aids. most of them are poor, many of them are people of color and a fair number of patient in our incline is immigrants. the care we provide has helped our patients return to work and care for themselves and provide and care for their families h f has provided this care with little or no cost to the patient it has a printed out effect on the patient we serve in san francisco i love what i do and am grateful to provide those much needed services to the patient i've had an opportunity to serve. i had a chance to look at some of the documents tre were a
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couple of things i want to address today. one was that some of the comments i felt were unfair and didn't reflect what t are h f does in san francisco. first it's the comment that that's a mega or cookie cutter it's not fair it's not highly profit it's a community health care center that provides care to people around the castro for decades. because we focus on providing care those to on the job who are not insured h f health care center lose money nevertheless, given our nonprofit mission and the positive health care outcomes h f sees that as money
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well spent despite hiv and aids in san francisco there are approximately 3 hundred new infections in san francisco and several living with hiv and aids don't have adequate health care we have so much help is needed. providing hiv care and services is not competitive it's a mission the castro incline at the 518 castro street will provide us the opportunity to provide the care. thank you >> good evening. my name is cynthia davis for the past 26 years i've been a member
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of the board of directors >> i'm sorry to interrupt you, you your time is up you'll have more time on rebuttal. >> okay. is the subject property owner here he'll have an opportunity to speak. seeing none, that he's not mr. sanchez >> scott sanchez planning department we've had a few formula retail items before this board this is a fairly unique case to be brought before the board as a reminder of the many of the facts in this case the flying building permit that releases the suspension of was issued on january 13th ever this year that permit was issued in error two facts related to the
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youth size prospered was required to cu and could be formula retail and would require a cu for that. we spent the permit on january 22nd, 2014, for those reasons and on february 7th the h f realized the suspension requests on the same day filed a discretionary review regarding the issues we've identified. we had the board of appeals hearing on march 14 and no members of the public to speaker but the appellant argued they were in appliance with the public utilities controls the board determined they were in compliance with the use controls because we incorrectly
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calculated the size of the proposed areas for one area devoted to bathrooms and especially held they were formula retail use i've provided use for the trademark and the signage so those were two of the criteria that were satisfied. following that hearing there were no rehearing requests and following that item the h f approached the department and, you know, wanted to know how they could apply with the formula retail requirements they've modified their program to change the signage and the name of the youth i can show they're on the overhead their previous signage and logo. i think there's one or two provisions >> we saw it. >> sorry look at on the
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overhead. can i have the overhead, please. the overhead please. they've left >> there you go. >> thank you victor. on the overhead we've got the h f pharmacy logo they've changed it to the castro pharmacy. they've also submitted a new formula retail affidavit? the only location and accident criteria will apply so again refreshing the criteria if the planning code regarding formula retail uses in addition to 11 establishment the business maybe so 2 or more of the following features a standard tied facade a stsz did he core and color scheme and uniform apparel and a signage or trade work or signage
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and that going at the previous hearing we found their formula retail because ah f was a formula retail and the signage is consistent that which is a little bit unclear if they meet the stsz 50 percent of shock merchandise i think they source the same pharmacy supplier but those are individually branded this was eir relevant they were deemed formula retail. under the planning code section i 8 once a permit holder has been i find as a formula retail use the predicament holder bears the burden they're not a formula retail use so if the information in terms of how they run the
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operation we've determined something to be a formula retail use and they've made changes to no longer be a formula retail use we never determined them in the first place to be a formula retail so the standards are different. so again with the information they've provided to us and the term of change of they're proposed signage and also the fact they will be using a different business name i say they couldn't through the cows it's unchapter territory this could be an enforcement on or about they can't use any h f trademarks and any relationship to the ah f pharmacy born out
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through the process if we receive complaints those are the highlights for the board if you have any questions, i'll be happy to answer them >> perhaps a point of clarification they could use ah f trademarks on less than 50 percent of their products. >> boy you stimulated them. >> they need to use 2 or more and, yes the reason the ah f trademark and using 50 percent of merchandise from a single sdroisht so it you walk into the gap their bearing the uniform
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marking by in a pharmacy if their offering ah f branding merchandise i'll be concerned if they have any h or ah f goods in the pharmacy there still could be a problem with the source this is uncharter material but they have the same supplier for all of their pharmacies. and so i think one could argue if they have the same supplier for all the ah f and using the tracking trademark they're meeting two of the criteria >> thank you. >> i think i've asked you this before but could you describe briefly the kruf process what
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would happen i said this greater community engagement but you give me that in a brief. >> the process takes up to 6 months they've filed one back if february had they pursued that they probably would have that their authorization if approved. after the boyle's up holding the formula retail we advised them to convert that to the formula use and moderate move forward that with the process involves neighborhood notification to it will be occupant within 2 hundred feet and the public hearing with the planning
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commission and we would have them do a community outreach meeting prior to that sexual when you say you'll do to expedite that process what's that involved >> we'll proirgz this application so it would be putting on the calendar allowing for proper notice. >> for the schedule and exactly. i'll anticipate had mayor ed lee we not going gone through the process we could have a planning hearing already >> so whatever would be the downside. >> you know so the planning commission if at the don't vote to approve that 4 votes and not approved. >> uh-huh. the appeal would be thirty days
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within that and issued not appeal able to the board there's pluses and minuses but it's a greater public process >> okay. thanks. >> we'll start taking public comment before people get up i want to make sure you understand under the boards rules officers who are of the organizations that are appellants to this can i should not speak under public comment nor the employees of the project sponsor with that said, can i see a show of hands that's great it would help the board if you line up open the side of the room so we can move through the public comment process more quickly and the first person who
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wants to speak the lateness of the hour we're interested in hearing from all of you but we're going to limit public comment to one minute per speaker please. okay. so the first people come up to the microphone. >> i can't seem to find it. i do have an informational packet to give to the members of the board oh, here it is shall i give this to you. that's fine didn't if you wish to accept it. i'm sarah smith on behalf of the national union of health care workers to speak in support of the discretionary review authorization be reinstated for the castro street project given the health aids poor track
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record we believe this is an important issue and an additional oversight it necessary. before moving forward we have concerns about the quality of cares that seeks care. in 2013, the physician staff at the aids health care foundation filed a petition to be represented by the union i'm here to represent the national union of health care workers they did this to improve the staffing levels at the incline for the nurses and physician proportion to the patient >> thank you i'm sorry but your time is up we'll consider our submission people's 3 and give a copy to the permit holder as >> yes. >> thank you.
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>> thank you. next speaker, please. >> first, i want to give a background on myself i think it's important first of all, i serve in my career as a positive planning virus at new york life and serve the national board for a deposit the virus organization that helps to over see all the aids program 0 i'm a castro resident and also hiv positive. my concern is really the forest to circumvent the process not to allow individual to have a say you can't separate the kroov castro from hiv and aids i don't understand the willingness of the organization to cut corners like calling it the
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